Nursing Home Sued Over Wrongful Termination and FMLA Violation

Pennsylvania nursing home Old Orchard Health Care Center, formerly known as HCR Old Orchard Manor Care (Old Orchard), has been sued by plaintiff and former employee Cynthia Glackin over allegations that the company violated the Family and Medical Leave Act (FMLA). The suit, which was filed last Thursday in the Eastern District of Pennsylvania, includes demands for a jury trial, declaratory and injunctive relief, and attorney’s fees.

The plaintiff worked for the defendant in the position of Unit Manager, and contended that she “performed her job in a proper and competent manner.” In May 2019, the plaintiff requested intermittent leave under the FMLA so that she could provide care to her father. In the same month, the plaintiff’s daughter experienced a medical emergency that required Glackin to “leave work early and without prior notice.” She informed her direct supervisor of the situation, who purportedlyz permitted the leave.

Upon returning the next day, the plaintiff was confronted by a human resources manager who inquired about her absence. Glackin asserted that she “provided sufficient information” that her absence was excused under the FMLA. However, the manager allegedly continued to follow Glackin for the remainder of the day despite knowing that harassing and terminating the plaintiff for using her FMLA right was illegal. After the plaintiff was forced to ask the manager to leave her office due to the interference with completing her job, she was terminated, the complaint said.

These actions, the plaintiff asserted, were a “willful and deliberate violation of the FMLA.” She claimed to have suffered a variety of damages due to the conduct of the defendants, such as pain, suffering, mental anguish, fear, anxiety, sleeplessness, and more. Other damages include loss of past income, benefits, and earnings. Glackin is and demanding declaratory and injunctive relief, adequate compensation from the defendants, liquidated damages, and any other relief deemed proper.

The plaintiff is represented by Hahalis & Kounoupis.